Constitution of Queensland

The Constitution of Queensland is the constitution of the Australian state of Queensland. As with the other constitutions of Australian states and territories, it is a written constitution influenced by the Westminster system and Australia's federal system of government.[1] It defines Queensland as a state under a constitutional monarchy and outlines the structure and powers of the Queensland government's three constituent parts, the executive, legislature, and judiciary.[2]

Constitution of Queensland
Overview
JurisdictionQueensland
Subordinate toConstitution of Australia
Date effective6 June 2002
SystemFederated unitary parliamentary constitutional monarchy
Government structure
BranchesLegislative, Executive, Judicial
Head of stateMonarch of Australia represented by the Governor of Queensland
ChambersParliament of Queensland, Legislative Assembly of Queensland
ExecutiveExecutive Council of Queensland, led by the Premier of Queensland
JudiciaryJudiciary of Queensland
First legislature22 May 1860, Colony of Queensland
First executiveSir Robert Herbert 1860 Queensland elections

In 1901, the six Australian colonies, including Queensland, federated to form Commonwealth of Australia which is constituted by the Australian Constitution. From that time onward, Queensland ceded the power to make laws relating to certain matters to the federal government. Outside these sections however, state parliament retains absolute legislative power.[3]

Function

The Constitution establishes the government of Queensland and defines the structure, powers and function of the three branches of government:

The constitution also defines the role of the governor. Under the constitution, governmental authority is nominally vested in the Governor of Queensland (currently Jeannette Young) on behalf of the Crown and who is appointed by the Monarch (currently Charles III) on the advice of the Premier of Queensland. The governor's role is mostly ceremonial, however they serve constitutional roles such as, presiding over meetings of the Executive Council, summoning, proroguing and dissolving Parliament on the advice of the Premier, giving Royal Assent to Bills passed by the Parliament, appointing all ministers of state, appointing and removing officials on the advice of the Executive Council, issuing writs for Queensland State Elections and for the election of Queensland representatives in the Australian Senate, on the advice of the Executive Council and granting pardons or commutations.[2][4]

History

The current constitution is the Constitution of Queensland 2001.[5] It is the state's second constitution, consolidating various constitutional provisions dating back to the 19th century, and in particular the state's first constitution, the Constitution Act 1867.

Entrenchment and amendments

The constitution contains entrenched provisions which can only be amended by way of referendum. It also contains provisions which may be amended by legislation.[5]

Bill of rights

Queensland has a statutory bill of rights, the Human Rights Act 2019. This provides protections for 23 human rights, including freedom of expression, religion and privacy, and a right to education and health.[6]

Complaints of violations of human rights can be taken to the Queensland Human Rights Commission.

The Act does not stop parliament from passing legislation that is incompatible with human rights but they must consider human rights when drafting laws, and prepare a Statement of compatibility.[6]

References
  1. Stepanovic, Anastasia. "Library Guides: Australian & Comparative Constitutional Law: Australian State Constitutional Law". unimelb.libguides.com. Retrieved 14 February 2022.
  2. "What Type of Government Does Australia Have?". WorldAtlas. 10 April 2019. Retrieved 14 February 2022.
  3. "Legislation". Queensland Law Handbook Online. 4 May 2016. Retrieved 2 February 2022.
  4. "Role of the Governor". Government House Queensland. Retrieved 2 February 2022.
  5. "The Queensland Constitution - Queensland Parliament". www.parliament.qld.gov.au.
  6. Caldwell, Felicity (27 February 2019). "Queenslanders' human rights to be enshrined in law". Brisbane Times. Retrieved 2 February 2022.
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